Division of Developmental Disabilities

HUMAN SERVICES

DIVISION OF DEVELOPMENTAL DISABILITIES

Waiting List Procedures

Proposed Readoption: N.J.A.C. 10:46C

Authorized By: Jennifer Velez, Commissioner, Department of Human Services.

Authority: N.J.S.A. 30:4-25.6.

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2010-095.

Submit comments by August 20, 2010 to:

Mary Monteschio, Esq.

Chief, Legal and Administrative Practices

Division of Developmental Disabilities

PO Box 726

Trenton, New Jersey 08625-0726

Fax: (609) 631-2214

The agency proposal follows:

Summary

Pursuant to N.J.S.A. 52:14B-5.1, the Waiting List Procedures rules, N.J.A.C. 10:46C, were scheduled to expire on April 18, 2010. Pursuant to Executive Order No. 1 (2010), the chapter expiration date is extended from April 18, 2010 until the completion of the review of administrative regulations and rules by the Red Tape Review Group, and until such time as the extended regulation or rule is readopted pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. The Division of Developmental Disabilities has reviewed these rules and has found that they continue to be necessary and proper for the purposes for which they were promulgated.

N.J.S.A. 30:4-25.4 requires that when an individual is found to be eligible for the services of the Division of Developmental Disabilities, the Division shall advise the applicant of the particular service deemed most appropriate. If the most appropriate service is not available, the Division shall provide an alternate service and place the individual on a waiting list for the preferred service. See N.J.S.A. 30:4-25.6.

In 1985, the growing demand for residential out-of-home placements had exceeded the number of resources that the Division of Developmental Disabilities could provide. As a result, the Division negotiated an agreement with the Office of the Public Advocate to establish a waiting list procedure for individuals requesting residential placement in the community. On April 17, 1995, the Division adopted its original rules concerning the management of its waiting list for community residential and day services.

The Division continues to be limited in the services that it can provide by the amount of funds it receives annually from the State Legislature. The Waiting List Procedures rules provide the Division with an administrative process of prioritizing placement needs when there are insufficient funds to provide the most appropriate residential or day program among many individuals with similar needs and circumstances. The rules also set forth the criteria and procedures by which the Division could allocate limited residential and day program resources based on the relative needs of the individuals waiting for community services.

Subchapter 1. Waiting List Procedures

N.J.A.C. 10:46C-1.1, Purpose, establishes the criteria and procedures for allocating limited residential and day program resources based on the relative needs of the individuals waiting for community services.

N.J.A.C. 10:46C-1.2, Scope, provides that the subchapter applies to all adult individuals who are currently waiting for residential and day placement in a community setting.

N.J.A.C. 10:46C-1.3, Definitions, contains definitions of words and terms used in the subchapter.

N.J.A.C. 10:46C-1.4, Waiting list assignment, sets forth the criteria for being assigned to the Priority, Priority Deferred or the General category of the waiting list.

N.J.A.C. 10:46C-1.5, Initial notification for residential services, sets forth the requirements for assignment to the waiting list or a change in the assignment to the waiting list.

N.J.A.C. 10:46C-1.6, Procedure for adding to or changing the waiting lists category, sets forth the procedures to be followed when adding individuals to the waiting list or when making changes to the waiting list categories.

N.J.A.C. 10:46C-1.7, Offers of services, sets forth the process by which the Division offers services to individuals who have been found eligible for functional services in accordance with the provisions of N.J.A.C. 10:46.

N.J.A.C. 10:46C-1.8, Parents who reach age 55 and request residential services, sets forth criteria for when a parent, who reaches age 55, may have their family member placed on the Priority waiting list.

N.J.A.C. 10:46C-1.9, Children for whom residential services are requested, sets forth the provisions for placing children on the Priority waiting list.

N.J.A.C. 10:46C-1.10, Emergency residential placement, sets forth the provision that emergency placements shall not be handled through the waiting list procedure but offered in accordance with the requirements of N.J.A.C. 10:46B-3.3.

N.J.A.C. 10:46C-1.11, Psychiatric admission, sets forth the process of assigning an individual to the Priority waiting list if the Division determines that an individual cannot return to the Division placement after an individual was placed in a psychiatric facility.

N.J.A.C. 10:46C-1.12, Movement between residential placements, sets forth the provisions for moving an individual from one placement to another and how the Division should respond to an individual’s requests for transfer.

N.J.A.C. 10:46C-1.13, Reassessment of residential waiting list assignment, states that parents or caregivers who turned 55 after January 7, 2002, will be added to the Priority category of the waiting list at the time of the annual individual habilitation plan, if requested in writing. The date of the assignment to the priority waiting list will be the date that the parents or caregivers turned 55.

N.J.A.C. 10:46C-1.14, Appeals, sets forth the provisions for filing an appeal of the waiting list category or the services being offered by the Division.

N.J.A.C. 10:46C-1.15, Waiting list for day programs, sets forth clear guidelines of the order in which individuals will be moved off the waiting list for day programs.

As the Department has provided a 60-day comment period on this notice of proposal, this notice is excepted from the rulemaking calendar requirements, pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

Waiting list assignments are an essential factor in the provision of services to the eligible individual and his or her family. The Division expects an overall positive reaction to the proposed readoption of the waiting list procedures rules, as they clearly describe how the waiting list is maintained and are fundamental to the Division’s ability to manage its waiting list in a fair and equitable manner.

Economic Impact

The most significant economic impact of the rules proposed for readoption is on the Division. Residential placements are the most expensive service provided by the Division and the costs of residential services vary widely. In some instances, programs are highly specialized in order to deal with specific challenges such as medical needs or behaviors. In other instances, costs may be relatively low for individuals who require only in-home support services or day programs.

Ultimately, the State of New Jersey bears the costs of providing services, if and when the Legislature provides the necessary funding. The amount of funds shall be subject to the funding available in the current fiscal year. The rules establish that individuals may be placed on a waiting list while awaiting services. This may cause a negative impact for families because the eligible individual may have to wait longer to receive services.

Finally, the Division does not anticipate that the rules will have an economic impact on service providers.

Federal Standards Statement

A Federal standards analysis is not required because the rules proposed for readoption are not subject to any Federal requirements or standards.

Jobs Impact

The rules proposed for readoption governing waiting list procedures will not generate jobs or cause any jobs to be lost.

Agriculture Industry Impact

The rules proposed for readoption governing waiting list procedures have no impact on agriculture in the State of New Jersey.

Regulatory Flexibility Statement

A regulatory flexibility analysis is not required because the rules proposed for readoption governing waiting list procedures do not impose reporting, recordkeeping or other compliance requirements upon small businesses, as defined under the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. Since the rules, which govern waiting list procedures, apply only to individuals served by the Division, the rules will not have any effect on small businesses or private industry in general.

Smart Growth Impact

The rules proposed for readoption governing waiting list procedures will have no impact on the achievement of smart growth and implementation of the State Development and Redevelopment Plan.

Housing Affordability Impact

The rules proposed for readoption governing waiting list procedures will have no impact on affordable housing, or upon the average cost associated with housing.

Smart Growth Development Impact

The rules proposed for readoption governing waiting list procedures will have no impact on smart growth, or upon housing production within Planning Areas 1 or 2 or within designated centers under the State Development and Redevelopment Plan.

Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 10:46C.